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MATTER OF GARCIA v. SELSKY

237 A.D.2d 826 (1997)

656 N.Y.S.2d 951

In the Matter of Joseph Garcia, Petitioner, v. Donald Selsky, as Director of Special Housing Unit, New York State Department of Correctional Services, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 20, 1997

Carpinello, J.

While an inmate at Southport Correctional Facility in Chemung County, petitioner was served with three misbehavior reports. In the first, he was charged with engaging in an unhygienic act and assaulting staff when he spit at a correction officer who brought him medications. In the second, he was charged with engaging in an unhygienic act and assaulting staff when he threw a liquid substance which smelled like urine at a correction officer...

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